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Home My WebLink About20153661.tiff v‘s 'sat, 1;' ,,t LAND USE APPLICATION trorritliir lipty SUMMARY SHEET UN 1 Planner: Diana Aungst Hearing Date: November 3, 2015 Case Number: USR15-0045 Applicant: Warren Woodward and Davidson Company c/o Centennial Storage Ltd. Request: A Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (RV, boat, and trailer storage, office/caretaker building and a garage), provided that the property is not a lot in an approved or recorded subdivision plat or lots pads of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Legal Lot B and Lot C of RE-4660; Pad S2NE4 Section 33, T1 N , R68W of the 6th P. M . , Weld Description: County, CO Location: Approximately one-half mile south of CR 4 and approximately one-quarter mile west of CR 7. Size of Parcels: +/- 21 .71 acres Parcel Nos. 1467-33-1 -00-069 1467-33-1 -00-070 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Town of Erie, referral dated August 25, 2015 ➢ Weld County Department of Public Works — Access, referral dated September 3, 2015 ➢ Weld County Department of Planning Services - Engineer, referral dated September 14, 2015 ➢ Weld County Department of Public Health and Environment, referral dated September 8, 2015 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ City of Northglenn , referral dated August 14, 2015 • Weld County Sheriff's Office, referral dated August 21 , 2015 ➢ Weld County Zoning Compliance, referral dated August 14, 2015 ➢ Boulder Valley Conservation District, referral dated September 14, 2015 ➢ State of Colorado, Division of Water Resources, referral dated August 18, 2015 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Left Hand Water District ➢ Weld County School District RE-1J Colorado Parks and Wildlife ➢ Colorado Department of Transportation ➢ City and County of Broomfield ➢ Weld County Department of Building Inspection ➢ Mountain View Fire Protection District USR15-0045 Page 1 of 10 Vht / 1, ill 11141 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW GOUNT t Planner: Diana Aungst Hearing Date: November 3, 2015 Case Number: USR15-0045 Applicant: Warren Woodward and Davidson Company c/o Centennial Storage Ltd. Request: A Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (RV, boat, and trailer storage, office/caretaker building and a garage), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Legal Lot B and Lot C of RE-4660; Part S2NE4 Section 33, T1 N , R68W of the 6th P. M . , Weld Description: County, CO Location: Approximately one-half mile south of CR 4 and approximately one-quarter mile west of CR 7. Size of Parcels: +/- 21 .71 acres Parcel Nos. 1467-33-1 -00-069 1467-33-1 -00-070 Case Summary: The applicant is requesting a Use by Special Review permit for a self-storage facility for RVs, boats, and trailers. Approximately 15 acres will be outdoor RV, boat, and trailer storage and approximately 45,000 square feet will consist of partially enclosed metal storage canopies for storage. An office/caretaker building and a maintenance garage is also proposed for the site. The RV storage will be controlled by an automated access system available 24-hours a day / 7-days a week. The office hours are proposed to be 9:00 a.m . to 5:00 p.m . The application materials state that there will be two employees: 1 full-time manager and 1 pad-time service support person . The restroom for the customers will be in the same building as the manager's office and there will also be a dump station . The applicant is requesting an offsite sign along CR 7. Site lighting will consist of pole mounted LED within the outdoor storage area. The lighting Development Standard requires that the lighting be shielded and that there are no exposed bulbs. The screening will consist of the fencing , landscaping, and the exterior of the buildings situated to face the perimeter of the site. Adequate parking is being proposed . The applicant is installing additional landscaping along the western property line to address comments from the Town of Erie. The site is not is a Special Flood Hazard Area. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: USR15-0045 Page 2 of 10 A. Section 23-2-220.A. 1 . -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20. G - A. Goal 7 states, ' County land use regulations should protect the individual property owner's right to request a land use change. ' And Section 22-2-20. G. 2 - A. Policy 7. 2 states, ' Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. ' Approximately 15 acres will be outdoor RV, boat, and trailer storage and approximately 45,000 square feet will consist of partially enclosed metal storage canopies for storage. An office/caretaker building and a maintenance garage is also proposed for the site. The storage area will be controlled by an automated access system available 24-hours a day / 7-days a week. The office hours are proposed to be 9:00 a.m . to 5:00 p.m . The application materials state that there will be two employees: 1 full-time manager and 1 part-time service support person. The restroom for the customers will be in the same building as the manager's office and there will also be a dump station Site lighting will consist of pole mounted LED within the outdoor storage area. The lighting Development Standard requires that the lighting be shielded and that there are no exposed bulbs. The screening will consist of the fencing , landscaping , and the exterior of the buildings situated to face the perimeter of the site. Adequate parking is being proposed . The applicant is installing additional landscaping along the western property line to address comments from the Town of Erie. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District Section 23-3-40.S. which allows a Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (RV, boat, and trailer storage, office/caretaker building and a garage), provided that the property is not a lot in an approved or recorded subdivision plat or lots pads of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The existing adjacent land uses include crops, rural residences, and a small-lot urban residential subdivision in the Town of Erie (Vista Ridge) to the west and across Sheridan Blvd . There are four residences north of and adjacent to the northern property line ranging from 100 to 200 feet from the proposed USR site. There are thirteen ( 13) USRs located within one mile of this parcel . USR-1044 for an accessory structure in a subdivision , USR-748 for furniture manufacturing, USR- 1077 for a 24 inch natural gas line, and SUP-97 for egg production are all north of the site. USR- 1359 for a home business, SUP-54 for a pump house, USR-749 for a home business and an accessory structure in a subdivision, USR- 1128 for a dog kennel, and USR-1581 for a landscaping business are all northeast of the site. USR-984 for an accessory structure in a subdivision , USR- 1630 for a church , USR-1627 for a church and a school are all east of the site. USR-1426 for a recreational facility and soccer fields is located south of the site. The Weld County Department of Planning Services has not received any correspondence objecting to this USR. The proposed landscaping and the Development Standards for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the USR15-0045 Page 3 of 10 future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the City of Northglenn , the Town of Erie and the City and County of Broomfield . The City of Northglenn in their referral comments dated August 14, 2015, indicated that they have no concerns. The City and County of Broomfield did not respond with referral comments. The Town of Erie in their referral agency comments dated August 25, 2015, requested, ". . .that a condition of approval be placed on the Site Plan Review requiring irrigated landscaping in the buffer area between the western most building and Sheridan Parkway. This landscaped area should provide year round visual interest and screening by using both deciduous and evergreen trees and shrubbery." The applicant is installing additional landscaping along the western property line due to comments from the Town of Erie. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program . Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on soils designated as "Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The USR will take about 22 acres of Prime (Irrigated) Farmland out of production however the property is in an urbanized area and too small to farm . G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health , safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health , safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based , in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . Prior to recording the map: A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required . The preliminary report does not indicate compliance with Weld County Code. (Department of Planning Services - Engineer) B. The map shall be amended to delineate the following : 1 ) All sheets of the map shall be labeled USR15-0045. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) USR15-0045 Page 4 of 10 3) The map shall be prepared per Section 23-2-260. D of the Weld County Code. (Department of Planning Services) 4) The applicant shall delineate the trash collection areas. Section 23-3-350. H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 6) The map shall delineate the landscaping and/or screening. (Department of Planning Services) 7) The map shall delineate the lighting . (Department of Planning Services) 8) Show and label the approved access (AP15-00430) on CR 7, and the appropriate turning radii on the site plan . (Department of Planning Services - Engineer) 9) Show and label a 30 foot minimum access and utility easement to provide access to the parcel on the site plan. Label the easement with the reception number (#3553597) and the date recorded (May 12 , 2008). (Department of Planning Services - Engineer) 10) Show and label the approved tracking control on the site plan . (Department of Planning Services - Engineer) 11 ) Show and label recycled asphalt or road base on all driving surfaces on the site plan . (Department of Planning Services - Engineer) 12) Show and label the accepted drainage features and drainage flow arrows on the site plan . Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No-Build or Storage Area, Volume = ?" (Department of Planning Services - Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one ( 1 ) paper copy or one ( 1 ) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps( co.weld .co. us. (Department of Planning Services) 5. Prior to Construction : USR15-0045 Page 5 of 10 A. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit will be required . (Department of Planning Services - Engineer) 6. Prior to the issuance of any Certificate of Occupancy: A. An on-site waste water treatment system (OWTS) is required for the manager's residence/office and shall be installed according to the Weld County OWTS Regulations. (Department of Public Health and Environment) 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR15-0045 Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Warren Woodward and Davidson Company do Centennial Storage Ltd. USR15-0045 1 . A Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (RV, boat, and trailer storage, office/caretaker building and a garage), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The number of on-site employees shall be 1 full-time manager and 1 part-time service support person, as stated by the applicant. (Department of Planning Services) 4. The hours of operation are 24-hours a day / 7-days a week, as stated by the applicant. (Department of Planning Services) 5. No derelict vehicles, as defined in Section 23-1 -90 of the Weld County Code, shall be stored on the site. (Department of Planning Services) 6. No hazardous materials shall be stored on site. (Department of Planning Services) 7. The parking on the site shall be maintained. (Department of Planning Services) 8. The landscaping/screening on the site shall be maintained . (Department of Planning Services) 9. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 10. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II , of the Weld County Code. (Department of Planning Services - Engineer) 11 . The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking . (Department of Planning Services - Engineer) 12. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) 13. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) 14. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100. 5, C. R.S. ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination . (Department of Public Health and Environment) 16. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C. R.S. (Department of Public Health and Environment) USR15-0045 Page 7 of 10 17. Waste materials shall be handled , stored , and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 18. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 19. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 20. Adequate drinking , handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Sewage disposal for the facility shall be by septic system . Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment) 21 . A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan . Neither the direct, nor reflected , light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with , or construed as, traffic control devices. (Department of Planning Services) 24. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2014 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 25. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 26. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 27. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated , shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted . Any other changes shall be filed in the office of the Department of Planning Services. 28. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. USR15-0045 Page 8 of 10 29. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including , but not limited to, sand and gravel, oil , natural gas, and coal . Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan , calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 30. WELD COUNTY'S RIGHT TO FARM : Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion , and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning ; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying . It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S. , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production . Water has been , and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm . Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. USR15-0045 Page 9 of 10 People are exposed to different hazards in the County than in an urban or suburban setting . Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood . USR15-0045 Page 10 of 10 'V1 DEPARTMENT OF PLANNING SERVICES >•.86� .r 1555 N 17th AVE flT GREELEY, CO 80631 WEBSITE: www.co.weld.co.us \itE-MAIL: daungst@co.weld .co.us v PHONE: (970) 353-6100, Ext. 3524 C 0 U N T 2 FAX: (970) 304-6498 • 1 October 12, 2015 FANTLE GREG 4651 W HANOVERIAN WAY LITTLETON , CO 80128 Subject: USR15-0045 - A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (RV, boat and trailer storage, office/caretaker building, a garage and off-site sign along CR 7) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. On parcel(s) of land described as: LOT B AND LOT C RECX EXEMPT RE-4660; BEING PART S2NE4 SECTION 33, Ti N , R68W OF THE 6TH P.M . , WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 3, 2015, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November 25, 2015 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C. R.S.24-65.5-103 (adopted as part of H . B.01 -1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call . Respectfully, Digitally signed by Kristine Panslem Date: 2015.10.12 15:26:08 -06'00' Diana Aungst Planner 1861 J�` DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE r GREELEY, CO 80631 , � WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us em ` , JJ PHONE (970) 353-6100, Ext. 3524 X12 N1a T Y FAX: (970) 304-6498 F-ts August 14, 2015 FANTLE GREG 4651 W HANOVERIAN WAY LITTLETON , CO 80128 Subject: USR15-0045 - A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, office/caretaker building and a garage) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. On parcel(s) of land described as: PART S2NE4 SECTION 33, T1 N , R68W LOT C REC EXEMPT RE-4660 of the 6th P. M . , Weld County, Colorado. PART S2NE4 SECTION 33, T1 N , R68W LOT B REC EXEMPT RE-4660 of the 6th P.M . , Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s) for their review and comments: Northglenn at Phone Number 303-450-8709 Erie at Phone Number 303-926-2700 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call . Respectfully, LOkivicQ9-aiLUKe'± Digitally signed by Kristine Ranslem Reason: I am the author of thisdocument Date: 2015.08.1413:34:43 -06'00' Diana Aungst Planner FIELD CHECK Inspection Date: 10/23/15 Case Number: USR15-0045 Applicant: Warren Woodward and Davidson Company c/o Centennial Storage Ltd . Request: A Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (RV, boat, and trailer storage, office/caretaker building and a garage), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Legal Lot B and Lot C of RE-4660; Part S2NE4 Section 33, Ti N , R68W of the 6th Description : P. M . , Weld County, CO Location : Approximately one-half mile south of CR 4 and approximately one-quarter mile west of CR 7. 1467-33-1 -00-069 Size of Parcels: +/- 21 .71 acres Parcel Nos. 1467-33- 1 -00-070 Zoning I Land Use N A (Agricultural ) N Rural Residential E A (Agricultural ) E Cambodian Cultural Center S Municipal - Broomfield S Vacant Land - Broomfield W Municipal - Erie W High Density Single Family Subdivision in Erie COMMENTS : The site contains is currently vacant land . There is an easement to the site from CR 7. VA" QSL atmit Diana Aungst, Planner CENTENNIAL 2709A West Belleview Avenue • Littleton, CO 80123 • Tel (303) 798-4440 October 21, 2015 Diana Aungst Weld County Planning Services 1555 N . 17th Avenue Greeley, Colorado 80631 RE : USR 15-0045 Dear Diana, I have reviewed the referral comments received on Sept. 17th and I offer the following response to the three areas of concern : ENGINEERING CONDITIONS Access Although not a requirement under the USR, the applicant will enter to into a formal agreement with the adjacent property owners for the ongoing maintenance of the private road serving the subject site . Applicant has submitted a recorded Access Easement, reception #3553597 dated 5/12/2008, and Recorded Exemption No . 1467-33-1, reception #3561540 dated 6/18/2008 . These two documents provide for the required 30 ft minimum access easement to the parcel . Applicant and applicant's engineer have discussed the requirements concerning a Final Drainage Report with Weld County Planning & Engineering staff. Applicant agrees to the minimum standards required and such standards will be met as a condition of the USR final approval . Page I 1 The revised SIP incorporates the following revisions : Design Standards : 1 . A 30 ft access easement to be labeled and dimensioned . 2 . Approved access (AP15-00430) and turning radii . 3 . Tracking control at property entrance on private road . 4. Recycled asphalt road base material . 5 . Drainage flow arrows and water quality feature labeling. Development Standards : 1 . Noxious weeds to be controlled by property owner. 2 . Offsite tracking mitigation . 3 . Offsite parking shall be utilized . 4. Historical flows shall be maintained on the site . 5 . Weld County not responsible for maintenance of onsite drainage . TOWN OF ERIE The Town of Erie has requested an irrigated landscaped buffer along Sheridan Parkway. The revised SIP has been corrected to include landscaping in this area . ENVIRONMENTAL HEALTH The applicant agrees to incorporate the development standards as specified in the Environmental Health Memorandum dated Sept 8, 2015 . Sincerely, OjFthIe Page 1 2 1111111 11111 111111 11111 IUI I1111IIIIIIIIIlIl111ll!li 11 3553597 05/12/2008 04:23P Weld County, CO 1 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder 'V ACCESS AND UTILITY EASEMENT AGREEMENT THIS ACCESS AND UTILITY EASEMENT AGREEMENT ("Agreement") is made and entered into as of aroz,a die AAr2008 by and among: Eric Grapengeter and Gina Grapengeter (collectively "Grantors") and The Cambodian Cultural Center, which has an address of 595 Weld County Road No. 7, Erie, Colorado 80516; The iflavidson Company, which has an address of I- O ,box aaa7 y1LVyomi'fr19 QVIt# . Warren O. Woodward, who has an address of 1 :3OO Mir r r L c!d. -IN r We.-- T i ve r CO 'F10,907 ; (collectively "Grantees"). Recitals: A. Grantors are the owners of the real property more particularly depicted and described on Exhibit A attached hereto and incorporated herein, as Lots A and B of Recorded Exemption (RE) 4435 shown on Sheet 2 of 2 of Exhibit A. B. Grantees are the owners of certain real property more particularly depicted and described on Exhibit A attached hereto and incorporated herein, as proposed Lots A, B, and C of RE-4660 shown on Sheet 2 of 2 of Exhibit A ("Grantees' Property"). C. Grantees desire an easement for access to and egress from the Grantees' Property, including uses associated with the Cambodian Cultural Center activities as described in USR- 1627 for proposed Lot A, RE-4660, and a utility easement for the Grantees' Property. Agreement: NOW THEREFORE, in consideration of $ 1 .00 and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed: 1 . Grantors hereby grant to Grantees an easement more particularly described on Sheet 1 of 2 ("Easement Property") and depicted on Sheet 2 of 2 of Exhibit A attached hereto and incorporated herein, for purposes of access to and egress from Grantees' Property, including uses associated with the Cambodian Cultural Center activities as Mt& rifle k t A1 1111111 11111 11111111111 1111111111111111111111111111 liii 3553597 05/12/2008 04:23P Weld County, CO 2 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder described in USR- 1627 for proposed Lot A, RE-4660, and a utility easement for the Grantees' Property. 2. Grantees shall use the Easement Property rights granted above with due regard to the rights of others and others' use thereof, and shall not use the Easement Property in any way that will impair the rights of others to use, and shall not obstruct passage thereon. 3 . The Grantees shall contribute equally with the other property owners using the Easement Property to the cost of any material and labor used in the repair and maintenance of the Easement Property. However, any specific damage caused by a particular property owner or its invitees that results in the need for specific repairs, shall be the responsibility of that property owner, who shall pay for the necessary repairs. 4. The repairs and maintenance to be under taken and performed under this Agreement shall include the following and only the following: the filling of chuckholes, the grading of the road, the leveling of the road, and maintaining the road in its present condition. Any additional repairs or maintenance deemed necessary or advisable, but not included within the maintenance and repairs specified above, shall not be undertaken under this Agreement except with the express written consent of each of the parties and an assumption by each in writing of their proportionate share of financial liability for the costs of such additional repairs or maintenance. 5. The easement described herein is to and shall run with the land, and shall be for the benefit and use of the Grantees and their respective heirs, devisees, successors-in- interest, and assigns. 6. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same document. IN WITNESS WHEREOF the parties hereto have executed this Agreement. Er Grap er, rant STATE OF Côjorctd2o ss. COUNTY OF WeAct The foregoing ACCESS AND UTI ITY EASEMEINT,AGREEMENT was acknowledged before me this ti day of It / , 2008, by Eric Grapengeter, Grantor. fr1 - TA4 2 fl 111111111111111111111111111111111111111111 11111 1011111 3553597 05/12/2008 04:23P Weld County, CO 3 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder Witness my hand and official seal, My com_i C ' ;y - xpires: '7 la at ( 1 oA 84`;‘, ��. 1, la r • �-th- i ' a ' 1� Notary Public : • I . • • •la 0 al a or i Cki ' tifil 09437 It�� ••• ••.•P COL�P 4, ma Grapeng r, Grantor STATE OF (i ' /crccQo } ) ss. codaCOUNTY OF ) The foregoing ACCESS AND UTI ITY EASEMENT AGREEMENT was acknowledged before me thisO7tt21 day of , 2008, by Gina Grapengeter, Grantor. Witness my hand and official seal, My commi 'res: 7 / al;701 fCZS • 00ra S Notary Public • • • • (PA ee. I SII4? •tisi0 • . CAMBODIAN CULTURAL CENTER (Please print.) Title: (Please print.) STATE OF Colorado ) ss. COUNTY OF MeV) ye r- ) 4-6 fl TAX 3 • 111111111111111111111 II fIll 1111111 11111111111111111 JIll 3553597 05/12/2008 04:23P Weld County, CO 4 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder The foregoing ACCESS AND UTILITY EASEMENT AGREEMENT was acknowledged before me this 304-, day of ffp -,`� , 2008, by ROIA r n 7110 (name) as 're5?cle t _(title) of The Cambodian Cultural Center, Grantee. Witness my hand and official seal, My commission ex sires: 7 ha /apt / :�� 11.."4101/61 p t4A 31 `N% /► o I late_ ,, Notary Public 2 O �1 i 'fa •••••%per l‘ OF CCA itisoSes THE DAVIDSON COMPANY By: . Name: ` e R - t ' N (Please print.fa-re �..a�h AA, Ti A/o, e ' DI V ,DSgow tle. {'��S;t�F' `�" (Please print.) t C e PRO'S Ae K 1 STATE OF ka..i v rnA � ) r V ss. COUNTY OF eat( L The foregoing ACCESS AND UTMLITY EASEMENT AGREEMENT was acknowledged before me this 9 day of van oLAA , 2008, by Rt' c4- i1 c iek s a in (name) as �Zi.A Q.. - (title) of The Davidson Company, Grantee. r P y, so, C I As ri cz s Yf c� 44-- Witness my hand and official seal, My commission expires: g — (3 -- /0 NOTARY PUBLIC `, LAl3RA RESTLE STATE OF Notary Public COUNTY 0F \, , WYOMING PARK •,' " MY COMMISSION EXPIRES AUGUST 13. 2010 Warren O. oodward, Gr tee eij% • . 111111111111 111111111111111 1111111 11111 11111111 11111111 3553597 05/12/2008 04:231' Weld County, CO 5 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder STATE OFeoloy--OSO ) ss. COUNTY OF we&k ) The foregoing ACCESS AND U,TIAtITY EASEMENT AGREEMENT was acknowledged before me this .' day of , 2008, by Warren O. Woodward, Grantee. Witness my hand and official seal, My commission expires: 7 ( p), ( 3.o ( ( , S , , �4�". ANN k\ O OT'v?' 1i Notary Public • ,e •ey IA• I (S . • • / • a i c a):4; 4,, _ Got/ , \It •sus% gyp itt ti a - AA ' I IIIM 11111 JIIIIJ IlIJI liii 1111111 11111 1111111111111111 { 3553597 05/12/2008 04:23P Weld County, CO 6 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder LOCATED Jhl PART OF THE 11/2 1/4 OF SECTION 3a. TOWNSHCP I NORTH, RANGE 88 WEST OF THE 8714 PRINCIPAL MERIDI WELD COUNTY, COLORADO' TLiE DESCRIBED 30' UTILITY AND ACCESS EASEMENT IS FOR PROS A, B ,AND C O= PROPOSED EXEMPTION SURVEY RE- OSED LOTS AND ALSO JSES ASSOCIATED WITH THE CAMBODIAN CUL R.•RAL CENTER ._DESCRIBED IN USR- 1627. AC..T. vl T�cS AS A PARCEL OF LAND 30 FEET WIDE BEING PART OF THE NORTHEAST ONE- QUARTER CF SECtON 33. TOWf�$:H: SOUTH ONE- HALF 6 Of THE OF TIE SIXTH PRINCIPAL MERIDIAN, COUNT YCF WELD, STATE OF RANGE 68 M E SOUTH 30 FEET OF LOT A AND LOT 3, "RECORDED EXEMPTION NO. 1467--33_ 1 , RE - 4435 , COUNTY CF WELD, S ;ATE OF COLORADO. CONTAINING 0.870 ACRES I' SURVEYOR'S STATEMENT TO ALL PARTIES INTERESTED IN TITLE 70 SAID PREMISES SURVEYED: 1, RICHARD P. PALMER. A PROFESSIONAL LAND SURVEYOR. DULY OF COLORADO, DC HEREBY CERTIFY 'HAT THIS PARCEL DESCRIPTION, I AN RID IN THE STATE EXHIBIT, BEING MADE PART HEREOF', WERE MADE UNDER MY DIRECT SU D VISION ED AND CHECKING, AND ARE ACCURATE `C THE BEST Or MY KNOWLEDGE, ;NPOR AND BELIEsown itignifi F ATIOti' ©Ttati Eozc'S A, . telN00••=st 2537$ • RIC . 4• • ""--- Pro Fes LL veyor Co credo Wil1$ion Number 25375 e- k) I LOCATED DM PART FTht8 V2 NE 114 OF SECTION 33 TOWNSHP 'I NORTH, RANGE 649 WEST CF THE OM PRINCOPAL iiitiERODIAN, 1 WELD COUN Y, COLORADO 677.23' . 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